Describe the elements of the tort of negligence?

Answer 1

1. The plaintiff must be owed a duty by the defendant.

2. The plaintiff must show that the duty was violated by the defendant.

3. That actual harm resulted.

4. That the harm was reasonably foreseeable.

However, as with all legal questions, one should consult with a qualified attorney in your area so that your specific concerns can be properly addressed. Many will answer a question for free, or provide a free consultation.

Answer 2

The fundamental questions asked in establishing an action/claim in negligence are:

1) Is there a "duty of care" owed by the defendant?

2) Has it been breached by the defendant?

3) Was the breach a factual cause of the loss/damage?

4) Is the damage attributable (legally) to the defendant - i.e. is the damage within the scope of the duty owed by the defendant?

At each stage, various objective standards apply. There are many forms of negligence, each with incredibly complex and divergent case law. Definitely a work in progress.

Answer 3

The tort of negligence is applied where there has been a duty of care owed to one party that has been breached by a second party, and that has lead to damage being suffered by the first party.

Answer 4

Negligence, in and of itself, is the neglect to act in some manner when a "reasonable man" would have acted. To describe the "elements", one would need to know in what manner the negligence is enacted, i.e. criminally negligent homicide.